Nichols v. Jones

AYRES, Judge.

This is an action in tort wherein plaintiff seeks to recover $2,279.70 for damages sustained to his airplane when he landed it with the retractable landing gear up. Plaintiff contends that the damages resulted from the negligence of defendant, who was checking out plaintiff in the plane and directing him in its operation and who failed, in a crucial moment, to instruct plaintiff to lower the landing gear before attempting a landing. Defendant denies any negligence on his part and alleges, in the alternative, that plaintiff’s contributory negligence bars his recovery. The trial…